Terms and Conditions of
Use
The creators of shinywhitebox.com (Shiny White Box Limited), also known as, "Us", or "We", provide iShowU including all related content on shinywhitebox.com and forums.shinywhitebox.com (the "Site") subject to the compliance with the terms and conditions below by any user who accesses the Site ("You"). PLEASE READ THIS BEFORE ACCESSING THE SHINYWHITEBOX SITE. BY ACCESSING THE SHINYWHITEBOX SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SHINYWHITEBOX SITE.
1. Rules. While visiting the Site, You may not post,
transmit or otherwise distribute information constituting
or encouraging conduct that would constitute a criminal
offense or give rise to civil liability, or otherwise use
the Site in a manner contrary to law or that would serve to
restrict or inhibit any other user from using or enjoying
the Site or the Internet; post or transmit any information
or software which contains a virus, cancelbot, trojan
horse, worm or other harmful or disruptive component;
upload, post, publish, transmit, reproduce, or distribute
in any way, information, software or other material
obtained through the Site which is protected by copyright,
or other intellectual property right, or derivative works
with respect hereto, without obtaining permission of the
copyright owner or copyright holder. You may not attempt to
gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the
Site or to any server, or to any of the services or
software offered on or through the Site, by hacking,
password mining or any other illegitimate or legitimate
means. You may be exposed to content that You find
offensive, indecent, or objectionable or that is
inaccurate, and You bear all risks associated with using
that content. We have the right, but not the obligation, to
remove any content that may, in our sole discretion,
violate these terms and conditions or that is otherwise
objectionable. Our Site may contain links to other Internet
sites owned by third parties. Your use of each of those
sites is subject to the conditions, if any, that each of
those sites has posted. We have no control over other
sites, and we are not responsible for any changes to or
content on them. Our inclusion on our sites of any
third-party content or a link to a third-party site is not
an endorsement of that content or third-party site.
2. Monitoring. We have no obligation to monitor the Site.
However, You agree that We have the right to monitor the
Site electronically from time to time and to disclose any
information as necessary to satisfy any law, regulation or
other governmental request, to operate the Site properly,
or to protect any person or entity. We reserve the right to
refuse to post or to remove any information or materials,
in whole or in part, that, in our sole discretion, are
unacceptable, undesirable, or in violation of these terms
and conditions. 3. Privacy. We cannot ensure or guarantee
privacy for Site users. Any use of this Website shall be at
the sole risk of the user, and there shall be no liability
in connection with your use. 4. Buying over the Internet.
When making purchases via PayPal, Kagi or other service
through the Site or the Internet, You may be asked to
supply certain personal information, including credit card
or other payment mechanisms. You agree that all information
You provide will be accurate and complete. You agree to pay
all charges incurred by You or other users of your account
and credit card or other payment mechanisms at the prices
in effect when such charges are incurred. You also will be
responsible for paying all applicable taxes, if any,
relating to purchases of iShowU. We are in no way
responsible for any charges You or any user of your account
incurs when making purchases or other transactions.
5. Limitation of Liability. We take no responsibility for
the accuracy or validity of any claims or statements
contained in the information, documents and related
graphics on the Site. Further, We make no representations
about the suitability of any of the information contained
in software programs, information, documents and related
graphics on the Site for any purpose. All such software
programs, information, documents and related graphics are
provided without warranty of any kind. In no event shall We
be liable for any damages whatsoever, including special,
indirect or consequential damages, arising out of or in
connection with the use of information or software
available from the Site.
6. Recourse. If You are dissatisfied with the Site or
iShowU or with any terms, conditions, rules, policies,
guidelines, or practices in relation to the Site or iShowU,
your sole and exclusive remedy is to discontinue using the
Site or iShowU.
7. Confidential Information. You authorize Shiny White Box
Limited to collect from any party and to retain all
relevant information relating to your use of the Site, and
You hereby authorize any party to provide Us with such
information. You understand and agree that unless You
provide notice to the contrary by e-mailing Us, You further
authorize Shiny White Box Limited to disclose, on a
confidential basis, to any party with whom We have business
relations all relevant information relating to your
dealings with Us and the Site.
8. Indemnity. You agree to defend, indemnify and hold Shiny White Box Limited and its affiliates (including affiliates and family members of Shiny White Box Limited) and related persons and/or entities harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these terms and conditions by You or others, or arising in connection with the use of the Site or iShowU or the Internet, including but not limited to the placement or transmission of any message, information, software or other materials on the Site or on the Internet by You or others.
9. Intellectual Property. We do not claim any ownership in
the intellectual property rights of others. All product,
brand, or company names not belonging to Us are the
intellectual property of their respective owners.
10. DISCLAIMER. THE SOFTWARE AND INFORMATION CONTAINED ON
THIS WEBSITE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY
KIND. THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE
OF THE SOFTWARE AND INFORMATION CONTAINED ON THIS WEBSITE
IS ASSUMED BY THE USER, AND IN NO EVENT WILL WE (INCLUDING
AFFILIATES AND FAMILY MEMBERS OF SHINY WHITE BOX LIMITED)
BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT
DAMAGES SUFFERED IN THE COURSE OF USING THE SOFTWARE AND
INFORMATION CONTAINED ON THIS WEBSITE.
11. Miscellaneous. This Agreement, including any and all
documents referenced herein, constitutes the entire
agreement between Shiny White Box Limited and You
pertaining to the subject matter hereof. A failure to
insist upon or enforce strict performance of any provision
of these terms and conditions shall not be construed as a
waiver of any provisions or rights. If any of the
provisions contained in these terms and conditions are
determined to be void, invalid or otherwise unenforceable,
such determination shall not affect the remaining
provisions contained herein. These terms and conditions
shall be governed by and construed in accordance with the
laws of New Zealand. Unless otherwise agreed in writing,
any disputes shall be resolved through good faith
negotiation; if disputes remain unresolved after
negotiation, the Parties agree to utilize a simple and
mutually acceptable form of alternative dispute resolution
that may be conducted through telephonic or electronic
means. This Agreement shall be binding upon and shall inure
to the benefit of Shiny White Box Limited (including
affiliates and family members of the Shiny White Box
Limited), their heirs, successors, and assigns. We may
change these terms and conditions from time to time. By
continuing to use the Site or iShowU after such change has
been provided on a Website relating to shinywhitebox.com or
iShowU for the first time, You signify your consent to the
revised terms.